DINESH MEHTA,J. - (1.) The petitioners have approached this Court under Article 226 of the Constitution of India, claiming the following relief: "A. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner in Ajmer Vidyut Vitran Nigam Ltd. for the post of Junior Assistant/ Commercial Assistant-II in pursuance of advertisement Annex.-2. B. By an appropriate writ, order or direction, the respondent may kindly be directed to permit the petitioners to participate in the selection process for the post of Junior Assistant/Commercial Assistant-II in Ajmer Vidyut Vitran Nigam Ltd. in pursuance of advertisement Annex.-2 and provide appointment if found in merit with all consequential benefits. C. Any other appropriate writ, order of direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. D. Writ petition filed by the petitioners may kindly be allowed with costs." The facts in nutshell are that all the three petitioners are working on the post of Helper with Ajmer Vidyut Vitran Nigam Ltd.
(2.) In furtherance of a combined advertisement No.RVUN/P&A/Rectt.02/2018-19, issued by Rajasthan Rajya Vidyut Utpadan Nigam Ltd., for the purpose of recruitment to the post of Commercial Assistant, Grade-II issued for all the five electricity companies, the petitioners applied for and sought appointment in Jaipur Vidyut Vitran Nigam Ltd. The petitioners not only applied for appointment in Jaipur Vidyut Vitran Nigam Ltd. but also claimed appointment against 7% posts kept reserved for Nigam employees.
(3.) The relevant clause [2 (a)], of the advertisement aforesaid reads thus: "2. Horizontal Reservation shall be applicable as follows: (a) 7% vacancies shall be reserved for Nigam's employees. For filling-up vacancies reserved for departmental candidates, only those employees who are having minimum five (5) years' regular service as on the first day of January next following the last date fixed for online submission of Application i.e. on the 01.01.2019 in a Vidyut Nigam and possessing the requisite qualification, shall be eligible against vacancies of the respective Vidyut Nigam only. Candidature for appointment against such 7% quta vacancies of any other Vidyut Nigam shall not be considered." *emphasis supplied. The petitioners working with Ajmer Vidyut Vitran Nigam Ltd. staked their claim against 7% posts reserved for in-service candidates, but applied under Jaipur Vidyut Vitran Nigam Ltd. The petitioners' claim against such reserved posts came to be rejected by the respondent No.2, simply for the reason that the petitioners working with Ajmer Vidyut Vitran Nigam Ltd. could not stake their claim qua the reservation meant for the employees of the concerned Vidyut Vitran Nigam Ltd., viz Jaipur Vidyut Vitran Nigam Ltd.;